Title 15, Chapter 10, Section 263
( 15-10-263)
(a) The chief magistrate of each county may by written order
establish a schedule of no contest cash bonds which the accused may
post when arrested or accused by warrant or citation pursuant to
this article. The schedule of no contest cash bond amounts shall be
sufficient to cover court costs and minimum fines as set forth in
the Code section applicable to the alleged offense. At the time of
posting a no contest cash bond, the receipt shall contain the
following language: "IF YOU GIVE A NO CONTEST CASH BOND AND FAIL TO
APPEAR FOR TRIAL, THIS BOND MAY BE FORFEITED AND, IF SO FORFEITED,
SHALL CONSTITUTE A MISDEMEANOR GUILTY PLEA AND A WAIVER OF CERTAIN
CONSTITUTIONAL RIGHTS," which shall be acknowledged by the person
arrested. (b) A person arrested or accused by warrant or citation pursuant to
this article who does not wish to post a no contest cash bond may
post a property bond or standard appearance bond to assure his or
her future appearance in court. (c) If a person who gives a no contest cash bond fails subsequently
to appear for trial, such failure shall constitute a guilty plea and
the no contest cash bond shall be forfeited, unless the court
proceeds under the provisions of subsection (d) of this Code
section. It shall not be necessary for the state to take any
further action to forfeit the no contest cash bond. Forfeiture of a
no contest cash bond shall be considered to constitute imposition
and payment of a fine and, if so considered, shall be a bar to a
subsequent prosecution of the accused for the violation. (d) If the judge determines at the time of the nonappearance at
trial of the defendant in his or her sole discretion that
substantial justice will not be accomplished by the forfeiture of
the no contest cash bond amount and the disposition of the charges
with prejudice, the posting of the no contest cash bond shall not be
considered a plea of guilty nor constitute a bar to a subsequent
prosecution of the defendant for the violation, and any moneys
posted under the no contest cash bond shall be held in the court's
registry pending subsequent prosecution, and the defendant shall be
served with a citation for a reasonable future appearance date, and,
in default of the defendant's appearance, the court shall issue a
bench warrant for the defendant's arrest. (e) Upon a conviction under a subsequent prosecution, the proceeds
of any no contest cash bond shall be applied and distributed toward
the fine and court costs imposed by the court. (f) If a defendant posts a property bond or standard appearance bond and thereafter fails to appear at the designated time, a bench warrant shall be issued for such person and the bond shall be forfeited as provided by Code Section 17-6-17. |